1. Acceptance of Terms
These Terms and Conditions (“Agreement”) govern the use of our employment verification service (“Service”) by persons or businesses (“you” and ”your”) that provide information regarding their employees to Zethos, Inc.’s employment verification platform called Truework. You agree that by completing the Employment & Income Verification form and clicking“Submit Employee Information,” creating an account with Zethos, Inc. (“we”, “us” and “our”), or accessing or using our Service, you agree to this Agreement.
Your use of our Service is subject to this Agreement.
2. General Use
You will be granted access to our Service to provide employment and income verifications. You will not have any other rights to our Service. You are responsible for the acts and omissions of your officer, employee or representative who uses our Service on your behalf and you represent such person is authorized to use our Service on your behalf.You are not permitted to give access to our Service to any other person. You will hold any information obtained from our Service in strict confidence and you will not disclose that information to any other person.
3. Individual License
We grant to you a revocable, nonexclusive, nontransferable, royalty free, limited license during the term of this Agreement to use our Service to provide employment and income verifications, subject to the terms and conditions of this Agreement and our policies and procedures.
4. Your Obligations and the Fair Credit Reporting Act
You agree that you will only use our Service in compliance with applicable law, including the Fair Credit Reporting Act (“FCRA”).
As a user of our Service, you understand that providing employment and income verifications means you are a furnisher of information to a consumer reporting agency as defined by the FCRA (“a furnisher”), and you agree that you will provide this information only in compliance with the FCRA and any other applicable law. You will provide employment and income verification information to us in compliance with your policies and procedures.You will only provide information that is accurate and complete.If you determine that the information provided to us is not accurate or complete, you must promptly notify us of this determination and provide us with any corrections or additional information necessary to make the information you provided accurate and complete.
You understand that you have certain responsibilities under the FCRA as a furnisher of information to a consumer reporting agency. FCRA identifies these responsibilities in its Section 623. They include:
(a) A general prohibition on reporting inaccurate information;
(b) Your duty to correct and update information;
(c) Certain obligations if you, as a furnisher, receive notice from a consumer that specific information is inaccurate;
(d) Certain obligations if you, as a furnisher, receive notice that a consumer disputes the completeness or accuracy of information you provided to us or to another consumer reporting agency; and
(e) Certain duties you have as a furnisher if a consumer reporting agency notifies you that information you furnished is the result of identity theft.
You represent that you are familiar with these responsibilities and that you have reasonable procedures for complying with these requirements.
Because you are a furnisher of information, we are also required to provide you with a prescribed notice of your obligations under the FCRA. The Notice to Furnishers of Information (“Notice”) is attached to this Agreement as Exhibit 1 and will be provided to you [with each employment and income verification request you receive.[CD.O1] ] You acknowledge that you have received, read, and understand the Notice. You agree that you will comply with its requirements. We may prohibit your use any of our Services, if we believe you may be (or are alleged to be) in violation of your obligations in the FCRA or any other applicable law.
5. No Warranty
WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE. OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Limitation of Liability
WE AND OUR AFFILIATES AND ANY OF OUR AND OUR AFFILIATES’ RESPECTIVE OWNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS); OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. IN ANY AND ALL CASES, OUR TOTAL LIABILITY TO YOU AND ANY OR YOUR AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE A USER FROM NEW JERSEY, THESE ACTIONS TITLED “NO WARRANTY” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.
6. Your Indemnification of Us
You agree to indemnify and hold harmless us and our affiliates and our and our affiliates’ respective owners, members, directors, managers, officers, employees, agents and representatives from and against all claims, suits, actions, proceedings, losses, liabilities, damages, settlements, penalties, fines, fees (including attorneys’ fees) costs and expenses, whether in tort, contract, or otherwise, that arise out of or relate to any breach of this Agreement by you or your use of our Service.
This Agreement may be modified from time to time by us. You should check our website [(www._______)] regularly for updates to this Agreement. Modifications by us take effect as soon as they are posted to this website, delivered to you, or made available to you. We may, in our discretion, modify or discontinue our Service at any time with or without notice.
8. Governing Law and Arbitration
California law will govern this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO OUR SERVICE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions; the arbitrator will apply California law to all other matters. Any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
Before beginning arbitration, you or we must first send a claim notice requesting arbitration. Claims will be referred to the American Arbitration Association (“AAA”). Arbitration will be conducted by the AAA, before a single AAA arbitrator and under the AAA’s commercial arbitration rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's commercial arbitration rules. You or we may choose to have the arbitration conducted by telephone, based on written submissions, or in person in San Francisco, California. The decision of the arbitrator will be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction.
9. Termination; Survival
We may suspend or terminate your use of our Service if we determine in our sole discretion that you are not complying with this Agreement or for any other reason. The terms of this Agreement will survive such suspension or the termination of this Agreement.
This Agreement constitutes the entire Agreement between you and us, and replaces all previous written or oral agreements, communications, or other understandings relating to your providing employment and income verifications to us. If either party waives any part of this Agreement, it must be done in a writing that is signed by both parties. No other relationship of any kind, other than that of independent contractors, is created as a result of this Agreement and neither party can bind the other in any respect.If any part of this Agreement is found to be unenforceable or invalid, that part will be eliminated in the most limited way possible so that the rest of this Agreement will otherwise remain effective and enforceable.You may not assign this Agreement without our written consent, but this Agreement will be binding on your successors, including any successor to substantially all of your assets.We may assign this Agreement without your written consent.
Notice of Furnisher Responsibilities
[Attach Appendix M to Part 1022 - Notice of Furnisher Responsibilities. Truework may make slight modifications to provide the notice in a format that’s more “web-friendly.” But the way that the information is presented should be substantially similar to the notice that appears at pp. 525- 528.]